Common use of Failure of Purchaser Closing Condition Clause in Contracts

Failure of Purchaser Closing Condition. Except as expressly provided in Section IX.D, if any of the Purchaser Closing Conditions is not satisfied at Closing, then Purchaser shall, as Purchaser’s sole and exclusive remedy, have the right, by providing written notice to Seller, to (i) subject to Seller’s right to cure under Section XIII.B, terminate this Agreement, in which case the ▇▇▇▇▇▇▇ Money shall be refunded to Purchaser in accordance with Section III.B.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination or (ii) to waive any of the Purchaser Closing Conditions at or prior to Closing.

Failure of Purchaser Closing Condition. Except as expressly provided in Section IX.D9.4, if any of the Purchaser Closing Conditions is not satisfied at ClosingClosing and absent a Seller Default, then Purchaser shall, as Purchaser’s sole and exclusive remedy, have the right, by providing written notice to Seller, to (i) subject to Seller’s right to cure under Section XIII.B13.2, terminate this Agreement, in which case the ▇▇▇▇▇▇▇ Money shall be refunded to Purchaser in accordance with Section III.B.43.2.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination termination, or (ii) to waive any of the Purchaser Closing Conditions at or prior to Closing.